The public domain—the body of creative works not entitled to copyright protection—is the world's greatest intellectual resource. Unfortunately, it can be extraordinarily hard to determine whether a work (or part of a work) is in the public domain.

The first book of its kind, Copyright and the Public Domain brings much&dash;needed clarity to the question of what is protected by copyright and what is not. In plain language, it explains how and why works of authorship enter the public domain. It provides detailed coverage of: copyright requirements; the duration of copyright; copyright forfeiture and abandonment; the “publication” requirement; non-protectible elements within a copyrighted work; restoration of copyrights to foreign works under GATT; conducting copyright renewal searches; non-copyright restrictions that may protect works in the public domain; and many other important issues.

Filled with pragmatic guidance on an often bewildering subject, it will help you determine which statutory regime applies to a work, what the copyright term is, and what common traps you should avoid. This authoritative and accessible new book fills an important gap in the legal literature and is an essential addition to any intellectual property law library.

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Availability:
Available

Brand:
Law Journal Press

Product Type:
Books

Edition:
0

Page Count:
668

ISBN:
978-1-58852-151-4

Pub#/SKU#:
694

Volume(s):
1

Stephen Fishman

Stephen Fishman is a graduate of the University of Southern California School of Law and a member of the California bar. He is the author of 20 legal reference works, including four books on copyright law. His publications have won the American Library Associations Choice Award for Outstanding Academic Title and the Publishing Marketing Associations Benjamin Franklin Award.

CHAPTER 1
Introduction to the Public Domain
§ 1.01 Public Domain Defined

[1] What It Means for a Work to Be in the Public Domain
[2] Contours of the Public Domain
[3] Determining Whether a Work Is in the Public Domain
[4] Obtaining Access to Public Domain Works
[5] Why Have a Public Domain

§ 1.02 Assault on the Public Domain

[1] Legislative Shrinking of the Public Domain
[2] Spurious Copyright Claims over Public Domain Works
[3] Privatization of the Public Domain
[4] Defending the Public Domain

[1] Works by Government Employees and Officers
[2] Works Created by Independent Contractors
[3] Special Rules
[4] Foreign Copyright Protection for United States Works
[5] Public Domain Notices on Government Works
[6] Private Works Containing United States Government Materials

§ 2.05 Works by State and Local Government Employees
§ 2.06 Foreign Government Works
§ 2.07 Laws and Court Decisions

[1] When Notice Is Required
[2] Invalid Copyright Notices: Works Published Before 1978
[3] Invalid Copyright Notices: Works Published After 1977 and Before March 1, 1989
[4] Excusing or Curing Omission of Notice

§ 4.03 Works Published 1923-1963 and Not Timely Renewed

[1] How Many Works Were Never Renewed
[2] Was the Renewal Legally Valid?

§ 4.04 Works Not Complying with the Manufacturing Clause

[1] What Is the Manufacturing Clause?
[2] Are Works that Violated the Clause in the Public Domain?

[1] How Many Works Have Been Restored?
[2] GATT, TRIPS and URAA
[3] Is Copyright Restoration Constitutional?

§ 8.02 Which Works Had Their Copyright Restored

[1] The Work Was an Original Work of Authorship
[2] Author a National or Domicile of an Eligible Country
[3] Work First Published in an Eligible Country
[4] Copyright In Source Country Unexpired
[5] Work In Public Domain for Specified Reasons
[6] Applicable United States Copyright Term Unexpired
[7] Copyright Restoration in the Ninth Circuit
[8] Alien Property Exception to Copyright Restoration

[1] Reliance Party Defined
[2] Infringement Suits Against Reliance Parties
[3] Derivative Works Created by Reliance Parties
[4] Does Restricting the Rights of Reliance Parties Violate the First Amendment?
[5] Immunity from Warranty and Related Liability

§ 8.07 Restoration of Canadian and Mexican Films Under NAFTA

CHAPTER 9
New Works Created from Public Domain Works
§ 9.01 Introduction
§ 9.02 Derivative Works Based on Public Domain Works